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Copyright 2004: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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Statutes of Newfoundland and Labrador 2004


CHAPTER 23

AN ACT TO AMEND THE PROFESSIONAL FISH HARVESTERS ACT

(Assented to June 8, 2004)

Analysis

1. S.4 Amdt.
Objectives of board

2. S.12 Amdt.
Certification criteria

3. S.13 Amdt.
Eligibility for certification

4. S.16 Amdt.
Date of appeal board

5. S.18 R&S
Decision final

6. S.21 Amdt.
Disciplinary proceeding

7. S.22 Amdt.
Appeal to court

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


SNL1996 cP-26.1 as amended

1. Section 4 of the Professional Fish Harvesters Act is amended by

(a) adding the word "and" at the end of paragraph (f);

(b) striking out the semicolon at the end of paragraph (g) and substituting a period; and

(c) repealing paragraphs (h) and (i).

 

2. Section 12 of the Act is amended by adding immediately after subsection (1) the following:

(1.1) The board may, in the criteria it may establish under subsection (1) respecting the certification of professional fish harvesters, include criteria relating to the degree of dependency of a person on fish harvesting for his or her livelihood.

 

3. Subsection 13(1) of the Act is repealed and the following substituted:

Eligibility for certification

13. (1) A person who meets the certification criteria established by the board under section 12 is eligible for certification.

 

4. Section 16 of the Act is amended by striking out the words "to appeal" and substituting the words "to appear".

 

5. Section 18 of the Act is repealed and the following substituted:

Decision final

18. The decision of the appeal board is final and binding on the board and the appellant.

 

6. (1) Subsection 21(1) of the Act is repealed and the following substituted:

Disciplinary proceeding

21. (1) Where, upon investigation, the disciplinary board is of the opinion or has reasonable grounds to believe that a professional fish harvester has failed to comply with the Code of Ethics adopted under section 11, the disciplinary board shall hear and determine the matter.

(2) Subsection 21(2) of the Act is amended by striking out the word "board" and substituting the words "disciplinary board".

(3) Subsection 21(4) of the Act is amended by striking out the word "board" and substituting the words "disciplinary board".

(4) Subsection 21(5) of the Act is repealed and the following substituted:

(5) The disciplinary board may, where it determines that the disciplinary proceeding against the professional fish harvester is substantiated, take disciplinary measures that the board considers appropriate, including

(a) suspending the certification of the professional fish harvester for the period the disciplinary board considers appropriate;

(b) cancelling the certification of the professional fish harvester either permanently or for the period the disciplinary board considers appropriate;

(c) imposing upon the professional fish harvester a monetary penalty not to exceed $10,000; and

(d) imposing those other conditions or limitations that the disciplinary board considers appropriate.

(5) Subsection 21(7) of the Act is repealed and the following substituted:

(7) Notice of the decision of the disciplinary board shall be sent by registered mail to the professional fish harvester who has been the subject of the proceeding and to the board.

(6) Subsection 21(8) of the Act is repealed and the following substituted:

(8) Where a professional fish harvester's certification is suspended or cancelled, he or she shall return it to the executive director of the board within 10 days of receiving the notice of suspension or cancellation unless he or she appeals to the Trial Division from the decision of the disciplinary board under section 22.

(9) Subject to the approval of the minister, the disciplinary board may make rules governing its procedure, including rules

(a) providing for the holding and procedure of its meetings;

(b) providing for the procedure at hearings; and

(c) authorizing a person to act on its behalf in the investigation of a complaint and respecting the conduct of an investigation by that person.

 

7. Subsection 22(1) of the Act is amended by striking out the number "20" and substituting the number "21".

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